Legal Question in Bankruptcy in Georgia

Can an addendum to a real estate contract come in the form of a text message? The text message message references the amount of monies owed on a real estate contract. If the person paid a partial payment on the amount owed and the mutual agreement came in the form of a text from the buyer and an agreement was reached on the increase of the sale price, is this text message admissible in court? And, is this considered a breech of the original contract.


Asked on 1/29/15, 10:36 am

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You posted under the topic bankruptcy law and I am unclear what this has to do with your bankruptcy so this answer may not be accurate and you should call your bankruptcy lawyer. Generally you CANNOT sell property while in bankruptcy so you may be in serious trouble.

While electronic communications can be contracts, a text message is sent by ONE party, and a contract has two parties. So potentially a series of text messages showing agreement to a change could be a contract modification, but that is a horribly stupid way to do one. Emails or faxes are easier to prove and would be common. The rest of your question makes no sense at all. If two parties agree to change a contractg there is no breach. Again, talk to your bankruptcy lawyer since you can't, without court permission, sell property.

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Answered on 1/29/15, 10:48 am


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